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HomeMy Public PortalAbout2023-10-17 Regular Meeting Minutes BOROUGH OF FRANKLIN LAKES Regular Meeting of the Mayor and Council October 17, 2023 A regular meeting of the Mayor and Council was held at 7:30 PM on October 17, 2023, in the Municipal Building. Meeting Called to Order Roll Call The following Council Members and Professional Staff responded to the roll call: Mayor Kahwaty, Councilmember Ansh, Council President Bonagura, Councilmember Cardenas, Councilmember Kelly, Councilmember Lambrix, Councilmember Sheppard, Borough Administrator Hart, Borough Attorney Smith and Borough Clerk Rulli. Sunshine Law Statement: The Borough Clerk read the Sunshine Law Statement: In compliance with the Open Public Meetings Law, notification of this meeting has been sent to our official newspapers, notice has been posted on the Borough website and on the Bulletin Board at Borough Hall. Flat Salute Moment of Silent Appreciation to Our Veterans Appointment • Rafael Soler Dura—Volunteer Fire Department Probationary Member Motion made by Councilmember Ansh to make the above-mentioned appointment, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Time for Public Comment Motion to open the time for public comment was made by Councilmember Lambrix, seconded by Councilmember Kelly. On voice vote, all in favor. John Mattarese, resident, commented on the amendments to the Council by-laws, stating the rules are hollow and self-serving. A five minute speaking limit and not being allowed to cede time to another speaker appears like an attempt to stifle free speech. Regular Meeting of the Mayor and Council Page 2 October 17, 2023 Minutes Dana Stergiou, 137 Delaware Lane, discussed playground needs for ages 2-6, stated the new one is not at all inclusive. She met with the Recreation Committee and suggested allocating $50k towards the playground and urges the Council to consider rectification. Samantha Clark, 774 Aspen Way, stated the playground is not conducive to her son's age and therefore she goes to Oakland. There is nothing for him to do at this park. Judy Deparno, 1089 High Mountain Road, spoke about Library programs, is disheartened that the community was not asked for input, and feels the playground is inappropriate for anyone under 8. Avani Mohapatra, 740 Smoke Hollow Trail, spoke about children slipping on equipment, becoming bored at this playground and wanting to leave after 15 minutes when they used to stay an hour and a half. There is nothing for the 2-6 age group. Mike Gutusso, 168 Birch Road, asked about the by-laws, asked for clarification of the rules established by the Mayor and Council, and expressed support for the parents with regard to the playground. Giovanna Clark, 645 High Mountain Road, stated she gathers with her grandkids at the park and feels it's not safe. Daniel Tavares, 681 Glendale Road, stated his car was broken into over weekend. He commented that he has seen young families moving in, and they are looking to go to Oakland, Ramsey, or Wyckoff for young kids' activities. Sue Barbuto, 1 Deer Trail, stated she supports the moms and wants to make use of playground as a grandma as well. She stated there wasn't much communication or open dialog. She discussed the Open Space Fund, information on the website, and library programs. Motion by Councilmember Kelly to extend time for five more minutes to Ms. Barbuto; seconded by Councilmember Lambrix. All in favor. Sue Barbuto spoke about the solid waste location coming to Oakland, and expressed concerns with traffic combined with the additional development in Franklin Lakes. She asked the Mayor and Council for their comments. Kim Ansh, 861 Huron Road, stated she is expressing her own opinions not those of Ramapo Indian Hills Board of Education. She thanked the Mayor and Council and Community Director Dina Robinson and stated adding something to the playground is not a bad idea if it's not too expensive. With regard to the Band Shell, discussions need to be held before making decisions and the Council cannot answer right away. She stated she feels the bandshell is a fabulous idea and feels it's a fun family activity to have. She thanked the Mayor and Council for their hard work. Suzanne Esterlis, 717 Oneida Trail, spoke about playgrounds in town, stated her child's first experience at the playground was awful, she never wants to go back, and there is nothing for toddlers. Regular Meeting of the Mayor and Council Page 3 October 17, 2023 Minutes Lauren Gorra, 664 Navaho Drive, stated that after hearing the other speakers, the message is clear how important this space is for toddlers. She stated a band shell is not appealing to this age group and we can rent one if needed. Andrea Tavares, 681 Glendale Road, stated her children loved the playground before, but since the change they go to other towns. Motion to close the time for public comment was made by Councilmember Ansh, seconded by Council President Bonagura. On voice vote, all in favor. Mayor Kahwaty stated he personally supports the Open Space Referendum which was in response to people's concerns about Cigna and he hopes some money will build up as time goes on; feels the new by-laws are working well and no debate was limited tonight; and regarding the playground issues, he stated it must be considered along with competing priorities and what can be done, will be done. The Mayor and Council discussed time for public comment, the by-laws, the playground, and the Open Space Referendum. Councilmember Kelly and Councilmember Cardenas were opposed to changes to the by-laws. Councilmember Kelly expressed support for the playground equipment. Councilmember Lambrix expressed support for limiting the council president term to two years and the past practice of rotating members, supported the Open Space Tax, and for the playground equipment within context of the budget. Councilmember Sheppard stated the Pulis Field playground is more age appropriate for toddlers and that the Council has to make decisions based on priorities within our budget, not just wants. Councilmember Ansh was not opposed to changes to the by-laws, stated we already have an Open Space Tax paid through the County, and stated New Jersey is the only state that requires that playground equipment be labeled for appropriate age. The word inclusive on the playground refers to handicap access. He stated he was concerned to hear someone say `its dangerous' and would like information showing that it's dangerous. He expressed his support for Dina Robinson and noted the Community Director had plans for the playgrounds prior to anyone coming forward. Mr. Hart and Mayor Kahwaty stated they will reach out for more information regarding the Class B Recycling Waste Center proposed for Oakland. Consent Agenda Resolution 251-23 Councilmember Sheppard stated he had questions about the specs for the Fire Department Exhaust System bid. Mr. Hart stated this resolution authorizes the bid and the specs can be reviewed before finalizing them. He stated it is a health and safety issue and he would like to get started on it. No objections. Regular Meeting of the Mayor and Council Page 4 October 17, 2023 Minutes Mr. Smith noted the Interlocal Sewerage Agreement should be removed from the consent agenda. BE IT RESOLVED that the following resolutions, placed on this agenda by consent, require no discussion and the same having been previously reviewed by each Governing Body member, be and are hereby adopted in their entirety by the Mayor and Council of the Borough of Franklin Lakes. Full text of all consent agenda resolutions can be found after the Adjournment. Resolution 252-23 Accept Report of Finance Committee Resolution 253-23 Amendment to Personnel Policies and Procedures Manual Resolution 254-23 Authorize Advertisement for Bids —Fire Department Exhaust System Resolution 255-23 Authorize Advertisement for Bids — Snowplowing Borough Roads Resolution 256-23 Award Contract—Electronic Document Management System Resolution 257-23 Change Order No. 1 —Olentangy Road Drainage Improvements Resolution 258-23 Renewing Joint Purchasing System—Franklin Lakes Synergy Group Joint Purchasing System Resolution 259-23 Request for Hydrants —Most Blessed Sacrament Church Resolution 260-23 Settlement of Tax Appeal—400 Saddle Back Trail Resolution 261-23 Sanitary Sewer Extension—K. Hovnanian at Oakland, LLC Resolution 262-23 Award Contract—Police Vehicle Lease Resolution 263-23 Temporary Shared Services Agreement—County Trees —Most Blessed Sacrament Resolution 264-23 Approve Amendments to Mayor and Council By-Laws Resolutions read and introduced by Council President Bonagura, seconded by Councilmember Sheppard. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Resolution Councilmember Kelly and Councilmember Lambrix expressed concerns with ceding time to others. Council President Bonagura and Councilmember Ansh commented they were in favor of extending the time when necessary. Resolution 264-23 Approve Amendments to By-Laws BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, and State of New Jersey, that the `By-Laws of Borough Council, Proposed Revisions — October 17, 2023,"which are incorporated by reference herein, are hereby approved. Regular Meeting of the Mayor and Council Page S October 17, 2023 Minutes Resolution read and introduced by Council President Bonagura seconded by Councilmember Sheppard. Discussion—Councilmember Kelly stated she feels no changes should be made to the by-laws. Roll Call Vote: Ayes: Ansh, Bonagura, Sheppard, Kahwaty Nays: Cardenas, Kelly, Lambrix Abstain: Absent: Motion Approved Action on Minutes Motion to accept the minutes was made by Councilmember Lambrix, and seconded by Councilmember Sheppard: • August 15, 2023 Regular • August 15, 2023 Closed • August 24, 2023 Special September 5, 2023 Work Session September 5, 2023 Closed September 19, 2023 Regular September 19, 2023 Closed September 27, 2023 Special September 27, 2023 Closed Councilmember Ansh stated regarding his comments about security on page 5 of the September 19 Regular minutes should read `four' schools instead of`three'. Motion to approve the minutes as amended made by Councilmember Ansh, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Old Business • Transfer of 2021 Bergen County Open Space Grant Mr. Hart stated the recommendation of the Parks Planning Committee is for $50,000.00 for new playground equipment for 2-5 year olds, to pick up $42,000 deficit to be applied to batting cages Regular Meeting of the Mayor and Council Page 6 October 17, 2023 Minutes and bleachers, and $20,000 for a mandated path required for the portable bathrooms to make it ADA compliant. Dina Robinson, Community Director, spoke about changes to the playground derived from meetings with the Parks and Recreation Planning Committee, Councilmember Ansh, and the moms. She stated her original intention was for changes to be spread out over 2024, 2025, and 2026 to put more equipment in the playground for 2-5 year olds. Now that the moms have come forward expressing their desire for it now,she outlined a concept plan and noted it is approximately $85,000 which exceeds the recommendation of the Parks &Recreation Planning Committee. She spoke about her need for money for this and other projects, shared some of her ideas, and stated she is trying to please the community and if community don't want something then she doesn't want it. Discussion held regarding types of equipment, specific elements of the playground plan, layout, timing, cost, and potential future grants. Mr. Hart stated we will need to apply for an extension of the grant at the same time we look to reallocate it. Motion for the transfer of the 2021 Bergen County Open Space Grant reallocation in accordance with the recommendations of the Parks Planning Committee was made by Councilmember Ansh, seconded by Council President Bonagura. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved • 2024 Reorganization Meeting The Borough Clerk asked the Mayor and Council if there were any objections to starting the meetings of January 2, 2024 at 6:00 PM as has been tradition the last several years. No objections. New Business • Professionals RFP Mr. Hart stated it has been customary for the Mayor and Council to request proposals through a "Fair and Open"process every 3 years, and this year we would be due to do so. He explained the process versus a "Non-Fair and Open"process. No objections. Mr. Hart stated he was contacted by the Administrative Agent for Colonial Pointe regarding the affordable housing unit error in our ordinance, which incorrectly refers to region 3. He will make this correction for introduction at the November 9 meeting. Regular Meeting of the Mayor and Council Page 7 October 17, 2023 Minutes Mr. Hart stated he was contacted by the contract purchaser of the Cigna property, S. Hekemian, who applied for a letter of interpretation. He explained that part of the process of planning for development of a property requires a NJDEP environmental approval. This information has been forwarded to the Borough Engineer and Environmental Commission. He noted it is generally not something the Borough gets involved in. Introduction of Ordinances on First Reading Motion to take up consideration of Ordinance 1928 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Sheppard, seconded by Councilmember Ansh. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1928 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 220 "UNIFORM CONSTRUCTION CODES", CHAPTER 259 "FIRE PREVENTION" AND CHAPTER 495 "ZONING PERMITS" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO ESTABLISH REQUIREMENTS UPON CHANGE OF OCCUPANCY AND FEES FOR LEAD-BASED PAINT INSPECTIONS WHEREAS, Ordinance 1928 was introduced at a meeting of the Mayor and Council held on the 17'h day of October, 2023; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, that Ordinance 1928 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1928 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 2 1"day of November, 2023, at 7:30 p.m. in the evening or as soon thereafter as the matter can be reached in the Council Chambers at Borough Hall, 480 DeKorte Drive, Franklin Lakes, New Jersey, at which time and place all persons who may be interested will be given an opportunity to be heard regarding Ordinance 1928; and, BE IT FINALLY RESOLVED that the Borough Clerk is hereby authorized and directed to publish the Introduction and Notice of Hearing as required by Law. Resolution read and introduced by Councilmember Sheppard, seconded by Councilmember Ansh. Discussion—none. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Regular Meeting of the Mayor and Council Page 8 October 17, 2023 Minutes Motion Approved Motion to take up consideration of Ordinance 1929 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Kelly, seconded by Council President Bonagura. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1929 AN ORDINANCE SUPPLEMENTING CHAPTER 420 "STORMWATER CONTROL" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO REGULATE PRIVATELY-OWNED SALT STORAGE WHEREAS, Ordinance 1929 was introduced at a meeting of the Mayor and Council held on the 17'h day of October, 2023; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, that Ordinance 1929 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1929 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 2 1"day of November, 2023, at 7:30 p.m. in the evening or as soon thereafter as the matter can be reached in the Council Chambers at Borough Hall, 480 DeKorte Drive, Franklin Lakes, New Jersey, at which time and place all persons who may be interested will be given an opportunity to be heard regarding Ordinance 1929; and, BE IT FINALLY RESOLVED that the Borough Clerk is hereby authorized and directed to publish the Introduction and Notice of Hearing as required by Law. Resolution read and introduced by Councilmember Kelly, seconded by Councilmember Sheppard. Discussion - Mr. Hart stated that this ordinance is required by the state to maintain stormwater permits. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Resolution For Closed Session Mr. Hart stated Pending and Anticipated Litigation—Cigna can be removed from the resolution for closed session. Regular Meeting of the Mayor and Council Page 9 October 17, 2023 Minutes BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that a Closed Meeting be held on Tuesday, October 17, 2023 which begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following: Collective Bargaining—PBA • Personnel —DPW Worker • Personnel —Police Chief • Personnel —Unused Sick Leave • Pending Litigation—Settlement of Tax Appeal—993 Clark Road BE IT FURTHER RESOLVED that the discussion conducted in closed session shall be disclosed to the public once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. NOW, THEREFORE BE IT RESOLVED, that the public be excluded from this meeting. Motion to go into Closed Session was made at 9:02 PM by Council President Bonagura, seconded by Councilmember Lambrix. On voice vote, all in favor. The Mayor and Council returned to open session at 9:52 PM. Adiournment Motion to adjourn the meeting was made at 9:54 PM by Council President Bonagura, seconded by Councilmember Lambrix. On voice vote, all in favor. Resolution 252-23 Accept Report of Finance Committee BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the report of the Finance Committee be accepted and recommendations adopted;that the report be made part of the record of this meeting; and the proper Borough Officials are hereby authorized and directed to issue warrants in the amount of $571,876.20 as shown on the Claims Bill List; $9,577.00 as shown on the Soil Account Bill List; and $1,756.00 as shown on the Developers Escrow List. BE IT FURTHER RESOLVED, that the payroll of October 12, 2023 in the amount of $255,173.02 be hereby ratified and approved. Resolution 253-23 Amendment to Personnel Policies and Procedures Manual BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, that the following provisions of the Personnel Policies and Procedures Manual are hereby amended to read as follows: 1) Equal Employment Opportunity Policy. Regular Meeting of the Mayor and Council Page 10 October 17, 2023 Minutes The Borough is committed to the principle of equal employment opportunity and anti- discrimination pursuant to Title VII of the 1964 Civil Rights Act, as amended by the Equal Opportunity Act of 1972 and the New Jersey Law Against Discrimination (LAD) and all other applicable state or federal laws. Under no circumstances will the Borough discriminate on the basis of sex, race, creed, color, religion, national origin, ancestry, age, marital status, affectional or sexual orientation, domestic partnership status, civil union status, atypical heredity, cellular or blood trait, genetic information, disability (including AIDS or HIV infection), pregnancy, breastfeeding childbirth, liability for service in the United States Armed Forces, gender identity or expression, and/or any other characteristic protected by state or federal law. Accordingly, decisions regarding hiring, promotion, transfer, demotion or termination are based solely on the qualifications and performance of the employee or prospective employee. If any employee or prospective employee feels they have been treated unfairly, they have the right to address their concern with their department head, the Borough Administrator, or any other supervisor with whom they feel comfortable, using the complaint procedure set forth in the Policy Against Harassment set forth in this Manual. Any employees with questions or concerns about any type of discrimination or harassment in the workplace are encouraged to bring these issues to the attention of management through the complaint procedure set forth in the Policy Against Harassment set forth in this Manual. 2) Americans with Disabilities Policy. The Borough complies with the New Jersey Law Against Discrimination ("NJLAD") and the Americans with Disabilities Act ("ADA"). The Borough will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability, pregnancy, pregnancy-related medical condition, breastfeeding or childbirth. The Borough also will make reasonable accommodations wherever necessary for all employees or applicants with disabilities, provided that the individual is otherwise qualified to safely perform the essential duties and assignments connected with the job and provided that accommodations do not require significant difficulty or expense. The Borough's nondiscrimination policy applies to all aspects of the employer-employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination. Definitions. The Americans with Disabilities Act defines an individual with a disability as any person who: • has a physical or mental impairment that substantially limits one or more major life activities, such as caring for oneself, walking, seeing, hearing, or speaking; • has a record of such an impairment; or • is regarded as having such an impairment. An individual must satisfy at least one of the three prongs of the above definition to be considered an individual with a disability under the ADA. Temporary conditions, such as a broken leg, are Regular Meeting of the Mayor and Council Page 11 October 17, 2023 Minutes not disabilities, nor are minor impairments, such as vision problems that are correctable with glasses. NJLAD defines disability as a physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness including epilepsy and other seizure disorders, and which shall include,but not be limited to, any degree of paralysis, amputation, lack of physical coordination,blindness or visual impediment, deafness or hearing impediment,muteness or speech impediment or physical reliance on a service or guide dog,wheelchair, or other remedial appliance or device, or any mental, psychological or developmental disability resulting from anatomical, psychological,physiological or neurological conditions which prevents the normal exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques. Disability shall also mean AIDS or HIV infection. A qualified individual is an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position held or sought. An individual who poses a threat to the health and safety of oneself or to others is not qualified. Reasonable accommodation means any change or adjustment to a job or work environment that does not impose an undue hardship on the Borough, or that permits a qualified applicant or employee with a disability to participate in the job application process, perform the essential functions of the job, or enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. Requesting Accommodation. Qualified employees or prospective employees with disabilities may request accommodations to perform the essential functions of their job or gain access to the hiring process. Employees or prospective employees should direct their written request to the Borough Administrator. In the written request, the employee or prospective employee should identify themselves as a person with a disability, eligible for protection, and identify the nature of the accommodation or consideration desired. The Borough may require the employee to provide adequate medical or other appropriate documentation of the disability and the need for the desired accommodation. The Borough will reasonably accommodate the known physical or mental limitation of an otherwise qualified applicant or employee with a disability unless the accommodation would impose an undue hardship on the Borough's business operation. To further the Employer's nondiscrimination policy, the Borough will: • Identify the essential functions of a job; • Determine whether a person with a disability, with or without accommodation, is qualified to perform the duties; and • Determine whether a reasonable accommodation can be made for a qualified individual. Reasonable accommodations that the Borough may provide in connection with modifications to the work environment or adjustments in how and when a job is performed may include the following: Regular Meeting of the Mayor and Council Page 12 October 17, 2023 Minutes • Making existing facilities accessible and usable; • Job restructuring; • Part-time or modified work schedules; • Acquiring or modifying equipment or devices; • Appropriate adjustment or modifications of testing materials, training materials, and/or policies; • Reassignment to a vacant position. In the case of an employee breastfeeding her infant child, the accommodation shall include reasonable break time each day to the employee and a suitable room or other location with privacy, other than a toilet stall, in close proximity to work area for the employee to express breast milk for the child. The Borough is also committed to not discriminating against any qualified employee or applicant because he or she is related to or associated with a person with a disability. If any applicant or employee has questions concerning the Borough's equal employment opportunity policy, he or she should contact the Borough Administrator. 17) Personal Leave. Full-time employees are entitled to one personal day per year. Except in cases of emergency, all employees must request in writing the use of personal time from the employee's supervisor as far in advance as possible but not less than three working days prior to the personal day to be taken. Department Heads will grant or deny personal leave requests,taking into consideration the staffing needs of the department. Unused personal days are forfeited at the end of each calendar year. Temporary and part-time employees are not eligible for personal leave. No personal leave will be applied for, approved, or granted immediately before or after any vacation period, holiday period, or weekend, except under extraordinary circumstances. An employee who has resigned, was dismissed or has otherwise been separated from employment will not be paid for any unused personal time. 19) New Jersey Paid Sick Leave Act. The Borough complies with New Jersey's Paid Sick Leave Act"NJPSLA". This policy applies to all employees, including part-time and temporary employees. Pursuant to New Jersey law, eligible employees have a right to take up to forty (40) hours of paid time off per benefit year for any of the purposes set forth in the NJPSLA. The Borough's benefit year starts on January 1 and ends on December 31. New hires are not eligible to take paid time off under this policy until they complete 120 calendar days of employment. Notwithstanding any provision in this Manual/Handbook to the contrary, employees who are eligible for paid vacation leave, including those employees that are entitled to pro-rated vacation leave, will accrue forty (40) hours of their total annual paid vacation time (see Vacation Leave Regular Meeting of the Mayor and Council Page 13 October 17, 2023 Minutes Policy) on January 1, of each calendar year to be used for any of the purposes set forth in the NJPSLA, including: • Time fteeded fef diagnesis, eafe, tfeatffient, of feeevefy from aft employee's mental af tfeatment, of feeevefy from, the family membef's mental of physieal illness, ifijtTfy,--0f 0 0 eafe0 employee's ehild's health-, • Time needed for diagnosis, care, or treatment of, or recovery from, the employee's own mental or physical illness, injury or other adverse health condition, or for preventive medical care for the employee; • To aid or care for a family member during diagnosis, care, or treatment of, or recovery from, the family member's mental or physical illness, injury or other adverse health condition, or during preventive medical care for the family member; • If an employee or a family member are a victim of domestic or sexual violence, and are obtaining services from a designated domestic violence agency or other victim services organization, medical attention, legal services, counseling, or are relocating due to the domestic or sexual violence; • Closure of an employee's workplace, or of the school or place of care of an employee's child, due to an epidemic or public health emergency, or because of the issuance by a public health authority of a determination that the presence of the employee or their family member in the community would jeopardize the health of others; • During a state of emergency declared by the Governor, or upon the recommendation, direction, or order of a healthcare provider or the Commissioner of Health or other authorized public official, the employee undergoes isolation or quarantine, or cares for a family member in quarantine, as a result ofsuspected exposure to a communicable disease and a finding by the provider or authority that the presence in the community of the employee or family member would jeopardize the health of others; or Regular Meeting of the Mayor and Council Page 14 October 17, 2023 Minutes • If an employee needs to attend a school-related conference, meeting, function or other event requested or required by an administrator, teacher, or other professional school staff member responsible for the education of the employee's child, or to attend a meeting regarding care provided to the child in connection with the child's health conditions or disability. Family members are the employee's child; grandchild; sibling; spouse; domestic partner or civil union partner; parent; grandparent; spouse, domestic partner, or civil union partner of an employee's parent or grandparent; sibling of an employee's spouse, domestic partner, or civil union partner; any other individual related by blood to the employee; and any individual whose close association with the employee is the equivalent of family. Part-time and temporary employees who do not receive any paid leave: Borough employees who are not eligible for vacation leave that meet the 120 calendar days of employment requirement shall receive one hour of paid sick leave for every 30 hours worked starting on October 29, 2018, or the date the employee is hired, whichever is later, up to a maximum of 40 hours per year. For employees paid on an hourly basis,the number of hours worked shall be based on the hours tracked in the Borough's payroll system. For salaried employees and employees earning a stipend, the number of hours worked shall be the actual number of hours worked which shall be based on the time clock system, for employees with access to the time clock, or a manual time recording system, for employees without access to the time clock. Volunteers earning a nominal stipend shall not be entitled to paid sick leave. Notwithstanding any provision in this Manual to the contrary, employees may carry over up to forty (40) unused vacation or paid sick leave hours to the following calendar year. If an employee commences employment during a benefit year, the employee shall be entitled to a prorated portion of paid time off. Temporary or seasonal employees who return to Borough employment after six months of separation will be considered a new hire for the purposes of this policy. When the need for leave for any of the reasons identified above is foreseeable, employees must provide seven (7) days' advance notice of their intention to take paid time off. When the need for leave is unforeseeable (cannot be planned in advance), employees must provide notice as soon as it is practical. Please note that vacation scheduling requirements do not apply to leave taken pursuant to the NJPSLA. With respect to leave taken pursuant to the NJPSLA, the Borough reserves its right to require reasonable documentation if an employee uses leave for any of the reasons identified above on three (3) or more consecutive work days. Unless otherwise provided in this Manual/Handbook, the Borough does not compensate employees for paid time off accrued pursuant to this policy at the end of the benefit year or upon separation of employment. 20)Family and Medical Leave. Regular Meeting of the Mayor and Council Page 15 October 17, 2023 Minutes In accordance with the federal Family and Medical Leave Act ("FMLA"), the Borough provides eligible employees with up to 12 weeks of unpaid medical and family leave during any 12 month period and up to 26 workweeks to care for a Covered Service member. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or an equivalent position. The following outlines employees' rights and obligations under the FMLA and the Borough's policies implementing the FMLA. Leave Available. Eligible employees may take up to a total of 12 weeks of unpaid leave during any 12 month period for any one or more of the following reasons: • The birth, adoption or placement for foster care of the son or daughter of an employee, and to care for such child; • A serious health condition of a spouse, son, daughter or parent of an employee if the employee is needed to care for such family member; or • A serious health condition of an employee that makes an employee unable to work. Generally, the incapacity must result in the employee's inability to work for more than three consecutive days (although there are certain exceptions to this rule); • Any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is a member of the Regular Armed forces, National Guard or Reserves on active duty status during the deployment to a foreign country, and or has been notified of an impending call to active duty status as such in support of a contingency operation. In addition, eligible employees who are either spouse, son, daughter, parent or next of kin of a Covered Servicemember shall be entitled to a total of 26 workweeks of unpaid leave during a single 12 month period to care for the Covered Servicemember. During this single 12 month period, an eligible employee who qualifies for leave to provide care for the Covered Servicemember shall be entitled to no more than a combined total of 26 workweeks of leave. Definitions. "Covered Servicemember" means a member of the Armed Forces, including a member of the National Guard or Reserves, or a recent veteran who has been discharged, other than dishonorably, within the five years preceding the family member's initial request for leave, who has a serious injury or illness who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. "Eligible Employee" means an individual who has been employed by the Borough for at least 12 months, has worked at least 1,250 hours during the preceding 12 month period, and is employed at a worksite with at least 50 employees within 75 miles of that worksite. "Next of kin" means the nearest blood relative of the individual. "Qualifying Exigency" covers a number of broad categories of reasons and activities, including short-notice deployment to a foreign country, military events and related activities, child care and Regular Meeting of the Mayor and Council Page 16 October 17, 2023 Minutes school activities, financial and legal arrangements, counseling, rest and recuperation, post- deployment activities, and additional activities agreed to by the Borough and the employee. "Serious Health Condition" means an illness, injury, impairment or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. It generally includes a period of incapacity due to pregnancy, prenatal care, a chronic health condition, a permanent or long-term health condition, or restorative or preventive treatment. "Serious Injury or Illness"means an injury or illness incurred by a Covered Service member in the line of duty or on active duty in the Armed Forces, National Guard of Reserves, incurred in the line of duty on active duty or whose pre-existing condition has been aggravated by his/her active duty service, that may render the service member medically unfit to perform the duties of the member's office, grade, rank or rating. Eli ig bility. Any employee who has been employed by the Borough for 12 months or more and worked 1,250 hours or more in the 12 month period preceding the first day of the requested leave may be eligible for an unpaid leave of absence of up to 12 weeks during any 12 month period. The 12 month period shall be determined by using a rolling 12 month period that commences with the first day of leave taken. Leave to care for a child after birth, adoption, or foster care must conclude within 12 months of the child's birth or placement. If both spouses work for the Borough,they may only take a total of 12 weeks between them during the 12 month period in order to care for a child after birth, adoption, or foster care or to care for a parent with a serious health condition and a combined 26 weeks in a single 12 month period for military caregiver leave or a combination of military caregiver leave and other FMLA qualifying reasons. Each spouse may be entitled to additional leave for other qualifying reasons under the FMLA, such as the employee's own illness or for the serious illness of the employee's child. Notice. When the leave is foreseeable, at least 30 days' advance notice to the Borough, in writing, is required. If 30 days' notice cannot be provided, as much notice as is practical should be provided. Failure to give reasonable notice may delay the availability of the leave. Certification. Where leave is taken to care for a family member with a serious health condition or because of the employee's own serious health condition, medical certification is required and periodic recertification may be required. In addition, where the leave is taken because of the employee's own serious health condition, a certification of fitness to return to work will be required. The Borough, at its expense, may require an examination by a second healthcare provider designated by the Borough. If the second healthcare provider's opinion conflicts with the original medical certification, the Borough, at its expense, may require a third, mutually agreeable, healthcare provider to conduct an examination and provide a final and binding opinion. For military exigency leave, an employee may be required to provide certification that the covered military member is a member of the regular Armed Forces, National Guard or Reserves who is on active duty or called to active duty in support of a contingency operation, as well as certification Regular Meeting of the Mayor and Council Page 17 October 17, 2023 Minutes from the employee about the nature and details of the specific exigency, the amount of leave needed, and the employee's relationship to the military member. For military caregiver leave, the employee may be required to provide information from the health care provider and employee and/or Covered Service member to support such leave. Absent unusual circumstances, medical certifications must be provided within 15 days. The Borough will also require periodic status reports from employees concerning their intended return date. Failure to provide requested documentation may result in denial of leave. The Borough may attempt to clarify or authenticate the certification or may require additional certifications to support the need for leave. When leave is taken to care for a family member,the Borough may require the employee to provide documentation or a statement of family relationship (e.g., birth certificate or court document) and proof of the need to care for the family member. Utilization of Paid Leave. Generally, FMLA leave is unpaid. However, depending upon the circumstances, employees may be entitled to receive short-term disability, workers' compensation benefits,paid family leave benefits, or other state-sponsored wage replacement benefits which pay a portion of normal compensation. These benefits will run concurrently with the employee's unpaid leave. An employee who is eligible for these benefits may also choose to use accumulated paid leave during their approved unpaid leave. Employees may not receive more than 100% of salary at any time. An employee will be required to use any available accumulated paid leave concurrently with the employee's FMLA leave. Coordination with other Leave Policies. The period of time attributable to the employee's absence due to any workers' compensation, disability, or sick leave,will be counted against available leave under this policy to the extent permitted by law. In the event that additional family, medical or sick leave is available pursuant to state laws, this leave will also run concurrently with FMLA leave to the extent permitted by law. Intermittent Leave. When medically necessary, leave taken because of a serious health condition of an employee or family member or to care for a Covered Service member may be taken on an intermittent or reduced work schedule basis. The employee and Borough shall attempt to work out a schedule for such leave that meets the employee's needs without unduly disrupting the Borough's operations, subject to the approval of the employee's health care provider. The Borough may require an employee taking intermittent or reduced work schedule leave to transfer temporarily to an alternative position with equivalent pay and benefits that is better suited to the leave schedule. Employment and Benefits Protection. During the leave, health benefits will continue for up to 12 weeks in each rolling 12 month period under the same conditions as if the employee continued to work. Employees must, however,pay the same amount for any benefits continued as they do prior to the leave. Other benefits, if any, will continue during the leave under the same conditions as if the employee continued to work. If paid leave is substituted for unpaid FMLA leave,the Borough will deduct the employee's portion of the health plan premium as a regular payroll deduction. If the employee's FMLA leave is Regular Meeting of the Mayor and Council Page 18 October 17, 2023 Minutes unpaid, the employee must pay his/her portion of the premium in accordance with a payment method that is devised and mutually agreed upon between the employee and the Borough. Employees should consult with their Department Head and human resources official prior to taking an approved leave. If you fail to return to work after your FMLA leave for any reason except for circumstances beyond your control, you must pay back all unpaid health insurance premiums. With regard to the employee's contribution portion of his/her health benefits pursuant to Chapter 78, P.L 2011 and any voluntary supplemental benefits that the employee may have, the employee is solely responsible for making payment arrangements with the Borough or for any voluntary benefits, to the respective insurance company. Your healthcare coverage may cease if your premium payment is more than 30 days late. With regard to any pension contribution that you may have, you must contact the human resources official to make payment arrangements concerning contributions or credits paid toward your pension benefits. If you fail to return to work after your FMLA leave for any reason except for circumstances beyond your control, you must pay back all unpaid health insurance premiums. Before returning to work following a medical leave (except for intermittent or reduced schedule leave)due to the employee's own serious health condition,the employee will be required to present a fitness for duty certification from his/her health care provider that he/she is medically able to resume work. If the date on which the employee is scheduled to return to work from FMLA leave changes, the employee is required to give notice of the change, if foreseeable, to the Borough within two business days of the change. Subject to some exceptions, most employees will be returned to the position they left or to a position equivalent in pay, benefits and other terms of employment. Individuals identified as "key employees"(the highest paid 10% of salaried employees at the work site or within a 75 mile radius of that work site) at the beginning of their leave may not be returned to their former or equivalent position if restoration will cause substantial economic injury to the Borough. Employees will be informed of their key employee status at the beginning of the leave period. A failure to return from FMLA leave for reasons other than the employee's own serious health condition may result in termination of employment. In the event that an employee cannot return to work at the end of FMLA leave due to a continuation of his/her own serious health condition, they must contact the Borough before the expiration of the leave to discuss their options under state and federal law. State leave laws may provide additional leave similar to that provided under the FMLA. The Borough will comply with these state law provisions to the extent they provide for more generous benefits. State leave law benefits will run concurrently with FMLA benefits to the extent permitted by law. Family Temporary Disability. During a period of unpaid leave to care for a family member with a serious health condition or a newborn or adopted child or child placed into foster care with the employee, the employee may be eligible for up to 12 weeks of Family Leave Insurance ("FLI") payments through the State in a 12 month period. FLI is a monetary benefit paid by the State and not a separate leave entitlement, and will thus run concurrently with FMLA and/or NJFLA leaves. 21)New Jersey Family Leave Regular Meeting of the Mayor and Council Page 19 October 17, 2023 Minutes The Borough provides eligible employees with up to 12 weeks of unpaid,job-protected leave for specified family reasons under the New Jersey Family Leave Act(NJFLA). Eligible Employees. To be eligible for NJFLA leave, an employee must have worked at least twelve (12) months for the Borough and have worked at least 1,000 hours for the Borough over the previous twelve (12) months. Qualifying Reasons for Leave. An employee may take NJFLA leave to care for: • A newly born or adopted child or a child placed into foster care with the employee, but the leave must start within 12 months of the birth of the child or the placement of the child. • A family member (sibling, grandparent, grandchild, child, spouse, domestic partner, civil union partner, parent-in-law, or parent of a covered individual, or any other individual related by blood to the employee, and any other individual that the employee shows to have a close association with the employee which is the equivalent of a family relationship)with a serious health condition. • In the event of a state of emergency declared by the Governor, or when indicated to be needed by the Commissioner of Health or other public health authority, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease, which: • requires in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency; • prompts the issuance by a public health authority of a determination, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee, would jeopardize the health of others; or • results in the recommendation of a health care provider or public health authority, that a family member in need of care by the employee voluntarily undergo self- quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee, would jeopardize the health of others. Leave taken to care for feasef s above ,, us a newly born or adopted child or a child placed into foster care with the employee may be consecutive or intermittent and must begin by the end of the 12 month period after the birth or placement for adoption or foster care. Leave Benefits. An employee may take up to a maximum of 12 weeks of NJFLA leave in a 24 month period, which is measured as a rolling 24 month period that commences with the first day of NJFLA leave taken. You may take NJFLA leave to care for a seriously ill family member: 0 As a single block of time. Regular Meeting of the Mayor and Council Page 20 October 17, 2023 Minutes • By reducing your normal weekly, btA not daily, work schedule for no more than 24 consecutive weeks in a 24 month period. • Intermittently i�.e e...en*s lasting at least one week, btA less than 12 weeks in -a eenseetAive 12 menth pee , when medically necessary. Employees permitted to take intermittent or reduced-schedule leave must try to schedule their leave so that it will not unduly disrupt the Borough's operations. The total time within which an intermittent leave is taken may not exceed a twelve 12 month period, if such leave is taken in connection with a single serious health condition. Intermittent leaves taken in connection with more than one serious health condition episode must be taken within a consecutive 24 month period,or until such time as the employee's 12 week family leave entitlement is exhausted, whichever is shorter. An employee taking a family leave on a reduced leave schedule shall not be entitled to such leave for more than a consecutive 24 week period. An eligible employee shall be entitled to only one leave on a reduced leave schedule during any consecutive 24 month period. Any remaining family leave to which the employee is entitled subsequent to the expiration of a leave taken on a reduced leave schedule may be taken on a consecutive or intermittent basis. Depending on the purpose of the employee's leave, the employee may be required to or may choose to use accrued paid leave, concurrently with some or all of his/her NJFLA leave. The employee will not be eligible to accrue seniority or benefits, including vacation and holidays, during any period of NJFLA leave. The Borough will notify employees of their options to continue to participate in our group health plans during NJFLA leave. Required Notice and Certifications. When requesting NJFLA leave, an employee must provide the Borough 30 days' advance written notice. For employees requesting leave on an intermittent basis, at least fifteen (1 S) days advance written notice must be provided. If advance written notice is not possible because of an emergency, the employee must provide the Borough with reasonable oral notice and then follow up with written notice. The employee also must give the Borough a medical certification supporting the need for leave. The Borough reserves the right to require second or third medical opinions and periodic re- certifications. The employee must also provide periodic reports during the leave regarding the employee's status and intent to return to work as deemed appropriate by the Borough. If an employee fails to provide the required documentation, the Employer may delay the start of the employee's NJFLA leave, withdraw any designation of NJFLA leave or deny the leave, in which case the absences will be treated in accordance with the Borough's standard leave of absence and attendance policies and the employee may be subject to discipline up to and including termination of employment. If an employee provides false or misleading information or omits material information about an NJFLA leave,the employee will be subject to discipline up to and including immediate termination of employment. Regular Meeting of the Mayor and Council Page 21 October 17, 2023 Minutes Benefits Protection. During a family leave of absence, the employee's health benefits will be maintained under the same conditions as if the employee continued to work. If the employee decides to return to work when his/her family leave of absence ends, the employee may be reinstated to the same or equivalent job with the same pay, benefits, and terms and conditions of employment. If the employee decides not to return to work when the family leave of absence ends, the employee may be required to reimburse the Borough for the health insurance premiums paid on his/her behalf during the leave of absence (except if the failure to return to work was caused by the continuation,recurrence, or onset of serious health condition which would entitle the employee to a leave of absence under the law or other circumstances beyond the employee's control). With regard to any pension contributions, the employee must contact the Borough Administrator to make payment arrangements concerning contributions or credits paid toward his/her pension benefits. Employees should consult with the Borough Administrator prior to taking an approved leave. Returning to Work after NJFLA Leave. On returning to work after NJFLA leave, eligible employees will typically be restored to their original job or to an equivalent job with equivalent pay, benefits and other employment terms and conditions. Any employee who fails to return to work as scheduled after NJFLA leave or exceeds the 12 week NJFLA entitlement will be subject to the Borough's standard leave of absence and attendance policies. This may result in termination if the employee's continued absence is unauthorized (for example, if the employee has no other Borough-provided leave available to him/her). Retaliation Prohibited. The Borough and the NJFLA prohibit the interference with, restraint of or denial of any right provided under the NJFLA and/or discharge or discrimination against any person for opposing any practice made unlawful by the NJFLA or for involvement in any proceeding under or relating to the NJFLA. The Borough encourages employees to bring any concerns or complaints about retaliation or compliance with the NJFLA to the attention of the Borough Administrator. New Jersey Family Leave Insurance. During a period of unpaid leave to care for a family member with a serious health condition or a newborn or adopted child or child placed into foster care with the employee,the employee may be eligible for up to 12 weeks of Family Leave Insurance("FLI") payments through the State in a 12 month period. FLI is a monetary benefit paid by the State and not a separate leave entitlement, and will thus run concurrently with FMLA and/or NJFLA leaves. An employee's job is not protected while receiving FLI benefits —unless the employee is eligible for leave under the FMLA, NJFLA, or is otherwise designated for an approved family leave of absence. Employees must provide the Borough with advance notice of need for leave, as follows: • At least 30 days before leave to bond with a newborn or newly adopted child, unless the time of the leave is unforeseeable or the time of the leave changes for unforeseeable reasons. Regular Meeting of the Mayor and Council Page 22 October 17, 2023 Minutes • In a reasonable and practicable manner for leave to care for a seriously ill family member on a continuous, non-intermittent basis, unless an emergency or other unforeseen circumstance precludes advance notice. • At least 15 days before leave to care for a seriously ill family member or leave to bond with a newborn or newly adopted child on an intermittent basis unless an emergency or other unforeseen circumstance precludes advance notice. 29) Attendance, Overtime and Inclement Weather. Regular attendance at work, reporting on time, and completing the required hours of work are necessary for each employee so that the Borough may meet its commitments to its residents. Employee absences place an additional burden on the remaining work force and seriously affect the Borough's ability to service its residents. Management recognizes that circumstances beyond the employee's control may cause him or her to be absent from work for all or part of a day. The Borough, however, will not tolerate unexcused absence or tardiness. All employees are expected to come to work regularly and on time and to promptly notify their immediate supervisor or other management designee by personal telephone conversation when they are unable to do so. Unless prevented by specific circumstances, the employee must provide notification at least one hour prior to the beginning of work for his or her position. Attendance and punctuality will be considered, among other factors, in the employee's performance review. If an employee needs to leave work early, the employee must receive permission from his or her supervisor to leave prior to the regularly scheduled departure time. An employee who is absent from duty for five or more consecutive working days without approval or notification or fails to return to work for five or more consecutive working days following an approved leave of absence shall be deemed to have voluntarily resigned from their employment. To minimize the negative impact on both employees and residents, the Borough will regularly review employee time records to identify chronic absenteeism and/or tardiness problems. Employees who exhibit attendance and/or tardiness problems will be subject to established progressive disciplinary procedures. The normal working hours for all departments other than the Police Department and the Department of Public Works are 8:30 AM to 4:00 PM. The normal working hours for the Department of Public Works are 7:30 AM to 3:30 PM. The working hours for the Police Department are established by departmental procedures and bargaining unit agreements. Overtime — The Borough complies with all applicable federal and state laws with regard to payment of overtime work, including the New Jersey Wage and Hour Law and the federal Fair Labor Standards Act. Under the Fair Labor Standards Act, certain employees in managerial, supervisory, administrative, computer or professional positions are exempt from the provisions of the Act. There are also employees who may be exempt because their compensation exceeds $107,432 per year depending on their job duties. Exempt employees are not eligible to receive overtime Regular Meeting of the Mayor and Council Page 23 October 17, 2023 Minutes compensation and are required to work the normal workweek and any additional hours needed to fulfill their responsibilities. Non-exempt employees may be eligible for overtime. Overtime is scheduled and authorized by an employee's Department Head and/or designated representative for hours worked in excess of 40 within a workweek. Depending on work needs, employees may be required to work overtime. Employees are not permitted to work overtime unless the overtime is budgeted and approved in advance by the employee's Department Head or designee. If an employee is required to work overtime, the employee may be compensated by pay or by compensatory time, in accordance with the applicable collective bargaining unit contract and applicable statutes. All sehe"led ve Rime must be appfeved in .,.at,.nee by the employee's Tlopa ftme t Head d-si '.. Managefial employees, administfative employees, and pfefessional employees afe not legally eligible fef eempensatefy time andlef ever-time pay. Overtime or compensatory time is calculated in one minute increments. Except in emergencies, the Department Head shall provide prior written approval for a specific amount of overtime, such as 30 minutes or an hour, and the employee shall only be entitled to compensation for the amount of time so approved. For purposes of this provision, emergency response by DPW workers, such is for snowplowing, shall be considered an emergency. Inclement Weather All employees are expected to report to work every day as scheduled, regardless of weather conditions. Notwithstanding, in the event of unsafe conditions, the Borough Administrator may authorize the closing, delayed opening, or early closing of Borough departments. If an employee chooses not to report for work due to inclement weather conditions, he/she may utilize accumulated compensatory time, a vacation day, and/or a personal day. This provision does not apply to personnel who may be required to assist in an emergency, or otherwise designated "essential personnel." 53) Use of Vehicles. The Borough owns and maintains a fleet of vehicles ("Borough vehicles") that are used in furtherance of the business of the Borough. The following policy governs the use of all Borough vehicles (with the exception of vehicles utilized for law enforcement purposes), and supersedes all other vehicle policies previously in effect. Any employee violating the provisions contained herein will be subject to disciplinary action, up to and including termination, in accordance with applicable laws and regulations. Violations of this policy may also result in the denial of indemnification and/or defense by the Borough to the employee in any civil or criminal matter brought in any Court arising from improper use of a Borough vehicle. The Borough also expressly reserves its right to seek indemnification and/or contribution from employees (including their personal automobile insurance policies) found to have acted in violation of this policy to the maximum extent permitted by law. Regular Meeting of the Mayor and Council Page 24 October 17, 2023 Minutes DrivingPrivileges rivileges and Licensure. The use of a Borough vehicle by an employee is subject to the approval and discretion of the Borough Administrator. Any employee operating a Borough vehicle must have, in his or her possession, a valid driver's license issued by a state regulatory body within the United States. Licenses issued by any territory or possession of the United States, the District of Columbia, or any international agency (including any province of the Dominion of Canada) must be expressly approved by the Borough's insurance carrier before an employee will be permitted to operate a Borough vehicle. A. Employees are required to file a copy of a valid driver's license with the Borough prior to the use of a Borough vehicle. (1) Upon request, an employee must provide a copy of their driver's license or other required documents within twenty-four (24) hours of said request. (2) Employees shall inform the Borough Administrator within twenty-four (24) hours of any changes in the status of their driving privileges. (3) Failure to comply with the requirements of this section will result in an immediate suspension of an employee's privilege to operate a Borough vehicle and may also result in the denial of indemnification and/or defense by the Borough to the employee in any civil or criminal matter brought in any Court arising from the use of a Borough vehicle while said employee's driving privileges were suspended or revoked. B. The Borough reserves the right to obtain a driving abstract record from the New Jersey Motor Vehicle Service Commission or other regulatory and law enforcement agencies. C. In addition to possessing a valid driver's license, such drivers must have an acceptable driving record. A driver that is required by the Borough to hold a commercial driver's license (CDL) and police officers must also comply with additional requirements as established by Borough policies. A driver that does not have an acceptable driving record may be disqualified from driving a vehicle on Borough business. An unacceptable driving record, for purposes of this policy, is defined as: (1) Revocation, suspension,withdrawal, or denial of an operator's license,permit, or privilege, until that operator's license, permit, or privilege is restored by the authority that revoked, suspended, withdrew, or denied it; (2) Three or more moving violations within the last 36 months, until the driver no longer has three or more moving violations within the last 36 months; or (3) Conviction of(or forfeiture of bond or collateral upon a charge of)the following offenses: ■ Driving a motor vehicle while under the influence of alcohol. ■ Driving a motor vehicle under the influence of a 21 CFR§1308.11 Schedule I identified controlled substance, an amphetamine, a narcotic drug, a formulation of an amphetamine, or a derivative of a narcotic drug; ■ Transportation,possession, or unlawful use of a 21 CFR§1308.11 Schedule I identified controlled substance, amphetamines, narcotic drugs, formulations of an amphetamine, or derivatives of narcotic drugs while the driver is on duty; ■ Leaving the scene of an accident while operating a motor vehicle; or ■ A felony involving the use of a motor vehicle. Regular Meeting of the Mayor and Council Page 25 October 17, 2023 Minutes D. The duration of disqualification for a driver that is disqualified because of a conviction of(or forfeiture of bond or collateral upon a charge of) the offenses listed in paragraph C hereinabove, is as follows: (1) First offenders. A driver is disqualified for one year after the date of conviction or forfeiture of bond or collateral if, during the three years preceding that date,the driver was not convicted of, or did not forfeit bond or collateral upon a charge of an offense that would disqualify the driver under the rules of this section. Exemption. The period of disqualification is 6 months if the conviction or forfeiture of bond or collateral solely concerned the transportation or possession of a 21 CFR §1308.11 Schedule I identified controlled substance, amphetamines, narcotic drugs, formulations of an amphetamine, or derivatives of narcotic drugs while the driver is on duty. (2) Subsequent offenders. A driver is disqualified for three years after the date of his/her conviction or forfeiture of bond or collateral if, during the three years preceding that date, he/she was convicted of, or forfeited bond or collateral upon a charge of, an offense that would disqualify him/her under the rules in this section. E. A driver who receives a notice that his/her license, permit, or privilege to operate a motor vehicle has been revoked, suspended, or withdrawn shall notify the Borough of the contents of the notice before the end of the business day following the day the driver received it. (1) The Borough reserves the right to suspend an employee's Borough driving privileges if the Borough deems necessary based on the employee's driving record. (2) The Borough shall utilize information obtained pursuant to this section only for the purposes of furthering the objectives of this Policy and for no other reason, and will not reveal personal or other information contained in an employee's driving abstract record to any party except where required by applicable law. F. The Borough occasionally offers safe driving courses and reserves the right to compel employee attendance at such courses. G. If requested by the Borough Administrator,the employee must agree to consent to a simulated road test to determine his or her fitness to safely operate a vehicle. H. In the event that the employee is under the influence of any medication (prescribed or over- the-counter) that might impair his or her ability to safely operate a vehicle, he or she must refrain from driving until he or she notifies the Borough Administrator and await clearance to resume driving. Official Use Only. The use of Borough vehicles is restricted to official Borough business only. Employees shall not be permitted to use Borough vehicles for travel or activity unrelated to Borough business. Likewise, no supervisor may authorize such use or any use of a Borough vehicle for other than Borough business or use which is otherwise inconsistent with this policy. Borough Vehicles assigned to employees under this policy are to be operated only by the employee while acting within the scope of their employment. No employee shall authorize or permit any other non-Borough employee, including, but not limited to, family members of the employee, to operate or ride as a passenger in an assigned Borough vehicle, unless said passengers are assisting in the official business of the Borough. Regular Meeting of the Mayor and Council Page 26 October 17, 2023 Minutes Location of Vehicles. Employees who are assigned the regular use of a Borough Vehicle for official business may, with written permission of his or her Department Head and the Borough Administrator, take the Borough vehicle home at night and keep said vehicle at home while off duty. If the employee will be absent from duty for more than two (2) working days, or more than five (5) consecutive days, including weekends and holidays, he or she must surrender the Borough vehicle to his or her direct supervisor unless directed otherwise. An employee storing the vehicle at his residence must provide safe parking for the vehicle at all times. Commuting. The use of a Borough vehicle for driving to and from work is voluntary and does not entitle the employee to compensation or pay while engaged in that activity. Accidents and Incidents. Prior to operation of any Borough vehicle, employees must consult their department head as to the appropriate steps to take if they become involved in an accident(filling out accident reports, obtaining witness names, etc.). A. In the event of an incident or accident involving the use of a Borough vehicle, employees must immediately contact their supervisor and/or department head. All required reports and documentation must be submitted to the Borough Administrator within two (2) business days of receipt. B. An employee may be required to submit to an alcohol or drug screening test following an accident or incident if there is a reasonable suspicion to believe that the employee's use of drugs or alcohol may have contributed to the cause of the accident or as otherwise required by law or other policy of the Borough. Citations and Violations. Operators of Borough vehicles are expected to follow all laws, regulations and rules proscribed by the Motor Vehicle Commission. Drivers are responsible for paying any moving violation tickets and must notify the Borough of said violations within forty- eight (48) hours of receipt of said ticket (regardless of the employee's decision to contest such ticket in municipal court). Drivers are responsible for paying all parking tickets incurred. Drivers are responsible for all "Notice of Delinquent Toll Payment Violations" (including but not limited to EZ-Pass). Upon having been notified of said violation, either by direct mail or notice from the Borough, an employee shall, within ten (10) business days of such notice, provide acceptable proof to the Borough that the outstanding toll and any related fees have been paid. General Policies and Procedures. Employees authorized to use a Borough vehicle for official business must adhere to the policies and procedures set forth in this policy. Failure to comply with the provisions below will result in a loss of privileges: A. Drivers must ensure that all required documents (driver's license, LD. badge/card,registration, insurance card) are in their possession while operating the vehicle. Vehicle registration and insurance cards should be kept in a locked compartment of the vehicle when not in use. Regular Meeting of the Mayor and Council Page 27 October 17, 2023 Minutes B. Employees assigned exclusive use of a Borough Vehicle are responsible for scheduling all repairs and manufacturer recommended maintenance with the Borough, in order to maintain all manufacturers' warranties (including routine oil changes). C. Vehicles are to be kept clean at all times, and should be washed and vacuumed regularly(unless prohibited by the New Jersey Department of Environmental Protection or other similar regulatory body). D. No smoking is allowed in Borough Vehicles at any time. E. In accordance with N.J.S.A. 39:4-97.3 and any other applicable statutes and regulations, the use of hand-held phones or electronic devices while driving Borough vehicles is prohibited. This prohibition includes the sending or reading of e-mails, text messages and other similar communications. F. All occupants must wear seat belts at all times when the vehicle is in use and observe all road safe rules and regulations. G. Employees are expected to operate vehicles in a safe and courteous manner at all times and are expressly reminded to avoid tailgating or other unsafe practices. H. Employees are reminded of the risks inherent from driving while drowsy. In the event that a driver becomes tired while operating a vehicle, they should pull off the road and seek appropriate assistance. Violation of this policy may result in disciplinary action up to and including the suspension of the employee's privilege to operate a Borough Vehicle and/or termination. Use of Personal Vehicles. Employees shall be compensated for mileage and tolls when personal vehicles are used for official Borough business and for training or seminars that are approved in advance by the Borough Administrator. The rate of compensation for mileage shall be equal to the rate established by the Federal government for mileage reimbursement. Employees who drive their own vehicle for Borough business must provide the Borough with a copy of their current Certificate oflnsurance. BE IT FURTHER RESOLVED that a copy of this Resolution be provided to all Borough employees. Resolution 254-23 Authorize Advertisement for Bids —Fire Department Exhaust System BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Borough Administrator is hereby authorized to advertise for bids for a Fire Department Exhaust System. Regular Meeting of the Mayor and Council Page 28 October 17, 2023 Minutes Resolution 255-23 Authorize Advertisement for Bids —Snowplowing Borough Roads BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Borough Administrator is hereby authorized to advertise for bids for Snowplowing of Borough Roads. Resolution 256-23 Award Contract—Electronic Document Management System WHEREAS,N.J.S.A. 40A:11-5(1)(dd)provides thatthe Mayor and Council may award a contract for the provision of services for the support or maintenance of proprietary computer software without public advertising for bid; and, WHEREAS, the Borough Clerk has recommended the award of a contract for the support and maintenance of the Borough's proprietary electronic document management system, known as Laserfiche, to ICC Community Development Solutions, LLC, 781 Elmgrove Road, Rochester, New York 14624, for the year 2023, for the proposal amount of$10,688.72; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, that the recommendation of the Borough Clerk is approved and the contract for the support and maintenance of the Borough's electronic document management system be and is hereby awarded to ICC Community Development Solutions, LLC, for the year 2023, for the proposal amount of$10,688.72; and, BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of funds for this purchase, Account: Administration/Dues & Memberships Account Number: 3-01-20-100-044 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to ICC Community Development Solutions, LLC. Resolution 257-23 Change Order No. 1 —Olentangy Road Drainage Improvements BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, that Change Order Number 1 be approved in accordance with the requirements of N.J.A.C. 5:30-11.1 et seq. GENERAL CONSTRUCTION Olentangy Road Drainage Improvements ENGINEER Boswell Engineering CONTRACTOR Mike Fitzpatrick Contractors, Inc. Regular Meeting of the Mayor and Council Page 29 October 17, 2023 Minutes 16 Cozy Lake Road Oak Ridge, New Jersey 07438 ORIGINAL CONTRACT COST $53,000.00 COST OF CHANGE ORDER 41 $8,175.00 NEW CONTRACT SUM $61,175.00 NATURE OF CHANGES Removal of the existing lawn inlet and the extension of the 15-inch pipe through to the existing catch basin located in Olentangy Road WHEREAS,the Chief Financial Officer has certified the availability of funds for this change order: Account: Ordinance #1875 —2022 Road Program Account Number: C-04-55-768-101 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Mike Fitzpatrick Contractors, Inc. and the Borough Engineer. Resolution 258-23 Renewing Joint Purchasing System—Franklin Lakes Synergy Group Joint Purchasing System WHEREAS, N.J.S.A. 40A:11-10 authorizes two or more contracting units to establish a Joint Purchasing System and enter into a Joint Purchasing Agreement for its administration; and, WHEREAS, the Mayor and Council of the Borough of Franklin Lakes is desirous of renewing the Franklin Lakes Synergy Group Joint Purchasing System, which was originally established in 2014; and, WHEREAS, the Borough of Franklin Lakes has agreed to continue to serve as the Lead Agency; and, NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey hereby authorizes the renewal of the Franklin Lakes Synergy Group Joint Purchasing System with the Borough of Franklin Lakes serving as the Lead Agency; and, BE IT FURTHER RESOLVED that the following is the list of members of the Franklin Lakes Synergy Group Joint Purchasing System: 0 Borough of Franklin Lakes Regular Meeting of the Mayor and Council Page 30 October 17, 2023 Minutes 480 DeKorte Drive Franklin Lakes, New Jersey 07417 • Franklin Lakes Board of Education 490 Pulis Avenue Franklin Lakes, New Jersey 07417 • Franklin Lakes Public Library 470 DeKorte Drive Franklin Lakes, New Jersey BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Division of Local Government Services as part of the application package for the renewal of this Joint Purchasing System, the Franklin Lakes Board of Education and the Franklin Lakes Public Library Board of Trustees. Resolution 259-23 Veolia Water - Request for Hydrants - Most Blessed Sacrament Church, 787 Franklin Lake Road, Franklin Lakes, NJ WHEREAS, the Fire Official has requested the owner of property known as Block 2202.04, Lot 2, Most Blessed Sacrament Church, install two fire hydrants along the property frontage; and, WHEREAS, the hydrants are to be used for fire purposes only, in accordance with the Rules and Regulations of Veolia Water, and its rates as set forth in the Schedule of Rates filed with the Board of Public Utilities in Newark, New Jersey: • Hydrant 41 —East side of High Mountain Road, approximately 300 feet north of Franklin Lake Road • Hydrant 42 — North side of Franklin Lake Road, approximately 500 feet east of High Mountain Road NOW THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that said request for two fire hydrants be and is hereby approved. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Veolia Water and Most Blessed Sacrament Church. Resolution 260-23 Settlement of Tax Appeal—400 Saddle Back Trail Block: 1510.02 Lot: 1 Street Address: 400 Saddle Back Trail Owner: Dante and Christine Implicito WHEREAS, an appeal of the tax assessment for the year(s) 2020 and 2022 has been filed for the above-noted property; and, Regular Meeting of the Mayor and Council Page 31 October 17, 2023 Minutes WHEREAS, an adjustment in the assessed value has been recommended by the Tax Assessor of the Borough of Franklin Lakes, and it is believed that these adjustments will cause the assessment to reflect the actual fair market value of said property as reflected by comparable sales; and therefore IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that the tax assessment for the above-referenced property is hereby adjusted for the following year(s), and the Borough Attorney is authorized to execute an appropriate Stipulation of Settlement agreeing to the entry of a judgment reflecting these adjustments. Tax Year: 2020 Original Assessment Tax Court Judgment Land $ 578,800 $ 578,800 Improvements $2,202,800 $2,121,200 Total $2,781,600 $2,700,000 Tax Year: 2022 Original Assessment Tax Court Judgment Land $ 578,800 $ 578,800 Improvements $2,202,800 $2,071,200 Total $2,781,600 $2,650,000 Resolution 261-23 Sanitary Sewer Extension -K. Hovnanian at Oakland, LLC WHEREAS,the Developer of property, located on the Borough of Oakland,known as 123 McCoy Road, Block 4202, Lots 1, 2 and 3, K. Hovnanian at Oakland, LLC, proposes to install a sanitary sewer force main from the above referenced property extending into the Borough of Franklin Lakes along McCoy Road and connecting to an existing sanitary sewer gravity main located in Colonial Road; and, WHEREAS, the Developer must apply to the State of New Jersey Department of Environmental Protection for a Sanitary Sewer Extension Permit(TWA-1); and, WHEREAS, the Borough Engineer has reviewed the plans and has determined the project is in conformance with Borough requirements, NOW THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Borough of Franklin Lakes that the Borough Administrator is hereby authorized and directed to execute the Statement of Consent Form (WQM-003) on behalf of the Governing Body for the construction of a sanitary sewer force main from 123 McCoy Road,Borough of Oakland, connecting to an existing sanitary sewer located in Colonial Road within the Borough of Franklin Lakes; and, BE IT FURTHER RESOLVED that the Borough has consented to the execution of the TWA-1 permit so that the Developer may submit the TWA-1 permit application to the Northwest Bergen Utilities Authority and then to New Jersey Department of Environmental Protection; Regular Meeting of the Mayor and Council Page 32 October 17, 2023 Minutes BE IT FURTHER RESOLVED that, upon issuance of the TWA-1 permit by the New Jersey Department of Environmental Protection, Developer shall still not be permitted to connect to the Franklin Lakes sanitary sewer system unless and until the agreement regulating the construction of the force main and payment of fees to the Borough among the Developer, the Borough and the Borough of Oakland is executed and in effect; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to K. Hovnanian at Oakland, LLC. Resolution 262-23 Award Contract—Lease for Police Vehicles WHEREAS, the Borough of Franklin Lakes is authorized pursuant to N.J.S.A. 52:34-6.2(b)(3)to use alternative procurement methods by entering into nationally recognized cooperative purchasing agreements, provided certain requirements are met; and; WHEREAS, the Police Captain has recommended the award of a contract for the leasing of two police vehicles to Enterprise Fleet Management based an"Open-End(Equity)Lease Rate Quotes" dated September 19, 2023, which was submitted in accordance with a bid submitted by Enterprise Fleet Management to Sourcewell, a national cooperative; and, WHEREAS, Sourcewell and the contract award by Sourcewell to Enterprise Fleet Management meet the requirements of State law for awarding contracts through national cooperatives, including the following: • The Enterprise Fleet Management contract was awarded through a competitive bidding process that complies with the laws covering the issuing entity; • Sourcewell is a contracting unit as defined by statute; and • The Sourcewell bid was advertised as a national cooperative contract; WHEREAS, Enterprise Fleet Management has submitted required documentation with its proposal, including the following: • New Jersey Business Registration certificate; • Non-Collusion Affidavit and Stockholder Disclosure statement; and • Proof of EEO compliance; WHEREAS, as required by State statute, the Mayor and Council are satisfied, based on the information and representations presented to it, that the use of the Sourcewell contract shall result in cost savings after all factors have been considered; and, NOW THEREFORE,BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that the recommendation of the Police Chief be and is hereby approved and that a contract for the leasing of two police vehicles be and is hereby awarded to Enterprise Fleet Management in the following amount in accordance with its proposal dated September 19, 2023: Regular Meeting of the Mayor and Council Page 33 October 17, 2023 Minutes • Two (2) 2023 Ford Police Interceptor Vehicles - $1,065.91 per month for 60 months each BE IT FURTHER RESOLVED that, anticipating delivery in 2024 of the vehicles, there shall be no leasing costs in 2023; and, BE IT FURTHER RESOLVED that, because this contract award is for a multi-year lease, this contract award is subject to appropriation of sufficient funds in the Borough's budgets in future years; and, BE IT FINALLY RESOLVED that a copy of this resolution be provided to Enterprise Fleet Management and the Police Captain. Resolution 263-23 Temporary Shared Services Agreement — County Trees — Most Blessed Sacrament BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that the Mayor is hereby authorized and directed to sign a Temporary Shared Services Agreement with the County of Bergen for the removal of six (6)trees located in the County right-of-way adjacent to the Most Blessed Sacrament property located at 785 Franklin Lake Road; and BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the County of Bergen, Most Blessed Sacrament, the Police Captain and the Superintendent of Public Works. Resolution 264-23 Approve Amendments to By-Laws BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, and State of New Jersey, that the `By-Laws of Borough Council, Proposed Revisions — October 17, 2023,"which are incorporated by reference herein, are hereby approved. Respectfully submitted, C(ail M. Rulli, Borough Clerk